Current through Register Vol. XXXVIII, No. 51, December 23, 2021
24.1. The use of a
pesticide by a grower/processor in the growing or processing of medical
cannabis must be in accordance with the West Virginia Pesticide Control Act (W.
Va. Code §
et seq.) and this rule.
24.2. The bureau and the West Virginia
Department of Agriculture will cooperate to inspect for and enforce the
requirements of this section.
The following apply regarding recordkeeping requirements for pesticide
shall maintain a record of each application of a pesticide. The record must
include the following information:
The date of application. For a pesticide requiring a re-entry time, the date of
application must include the hour completed;
24.3.a.2. The place of application, including
the specific block, section, or immature medical cannabis plants or medical
cannabis plants treated;
The size of the area treated;
24.3.a.4. The product name of every pesticide
The United States
Environmental Protection Agency product registration number. This requirement
is unnecessary for products exempted under section 25 of the Federal
Insecticide, Fungicide, and Rodenticide Act (
7 U.S.C.A. §
24.3.a.6. The total amount of every pesticide
used in pounds, ounces, gallons, or liters applied to a treated area;
24.3.a.7. The dosage or rate of application
of every pesticide used;
If applicable, the employee identification numbers of the individuals involved
in making the pesticide and the permit or certification numbers of the
individuals making or supervising the application; and
24.3.a.9. Copies of pesticide labels and
Safety Data Sheets for the pesticides used at the facility.
24.3.b. A record required to be
kept under this section must be completed within 24 hours of the completion of
the application and maintained for at least four years. A record must be made
immediately available to the bureau or its authorized agents and medical
personnel or first responders in an emergency. A record must be made available
to the bureau upon request.
24.4. For purposes of enforcement, the West
Virginia Pesticide Control Act and 61CSR12A, 61CSR12G, and 61CSR12Hare
incorporated by reference and adopted as standards for use by the bureau in
enforcing this section.
grower/processor must only use the pesticide active ingredients in
Appendix A in the growing and processing of medical
The following words
and terms, when used in this section, have the following meanings, unless the
context clearly indicates otherwise:
"Defoliant" means a substance or mixture of substances intended for causing the
leaves or foliage to drop from a plant, with or without causing
means a substance or mixture of substances intended for artificially
accelerating the drying of plant tissue.
24.6.c. "Pesticide" means a substance or
mixture of substances intended for preventing, destroying, repelling or
mitigating a pest, and a substance or mixture of substances intended for use as
a plant regulator, defoliant or desiccant.
"Plant regulator" means:
24.6.d.1. A substance or mixture of
substances intended, through physiological action, for accelerating or
retarding the rate of growth or rate of maturation, or for otherwise altering
the behavior of plants or the produce thereof, but may not include substances
to the extent that they are intended as plant nutrients, trace elements,
nutritional chemicals, plant inoculants, and soil amendments.
24.6.d.2. The term does not include any of
the nutrient mixtures or soil amendments commonly known as vitamin-hormone
horticultural products, which are intended for improvement, maintenance,
survival, health and propagation of plants, and are not for pest destruction
and are nontoxic, nonpoisonous in the undiluted packaged